Wm. S. Baker v. James D. Sims

The question presented on this appeal is whether a party may raise for the first time in this court the argument that the judgment does not conform to the pleadings in compliance with TEX. R. CIV. P. 301. Appellants, William S. Baker, Inc., and Transamerica Insurance Company, did not make any objection to the amount of the judgment at trial or move for new trial on the ground that the judgment was in excess of the amount pleaded. We hold that failure to present the question to the trial court in a manner which would require a definite ruling by the court was waiver of the error. Accordingly, we affirm.